Legal Ethics and Professional Responsibility Commons^™

Teaching Ethics In Civil Procedure Courses, Richard Matasar

Journal of Legal Education

No abstract provided.

Towards Greater Openness In Judicial Conduct Commission Proceedings: Temporary Confidentiality As An Alternative To Inviolate Confidentiality—Garner V. Cherberg, 111 Wash. 2d 811, 765 P.2d 1284 (1988), Tom Montgomery

Washington Law Review

In Garner v. Cherberg, the Washington Supreme Court upheld certain rules of inviolate confidentiality adopted by the Washington Commission on Judicial Conduct. This Note examines the justifications for such confidentiality rules, and proposes temporary, rather than inviolate, confidentiality to better balance interests of fairness and the public's right to know.

Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Book Review Of The Company We Keep: An Ethics Of Fiction, Teresa Godwin Phelps

Journal of Legal Education

No abstract provided.

Should I (Legally) Be My Brother's Keeper?, Gilbert Geis

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 27, 1987.

Ethical Soap: L.A. Law And The Privileging Of Character, Robert Eli Rosen

University of Miami Law Review

No abstract provided.

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram

Faculty Scholarship

The responsibility of private firms to communicate hazard and risk information to government officials and persons at risk has emerged as one of the central features of corporate risk management in the European Community ("E.C.") and the United States ("U.S."). This function is commonly described as "risk communication."' In both the E.C. and the U.S., new legal requirements and public attitudes now promote corporate disclosure of hazard and risk information on an unprecedented scale.

Corporate risk management is a vast, complex field of activity that is largely unaddressed by commentators and unknown to the general public in both industrial societies. …

Codes Of Ethics In Business, Michael Davis

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 26, 1988.

Rethinking The Hegilian State, Fred Dallmayr

Cardozo Law Review

No abstract provided.

Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison

BYU Law Review

No abstract provided.

A Comment On "Hegel's Legal Plenum", Agnes Heller

Cardozo Law Review

No abstract provided.

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman

Cardozo Law Review

No abstract provided.

Professional Responsibility, James J. Grogan, Pamela A. Gregory

Loyola University Chicago Law Journal

No abstract provided.

Heaven Help The Lawyer For A Civil Liar, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

In April of 1987, the American Bar Association's Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 87-353. Influenced by the problem of a criminal defendant's potential perjury, as discussed in Nix v. Whiteside, the Formal Opinion focuses on subsection 3.3(a)(2) of Model Rule 3.3, rather than on subsection 3.3(a)(4). As a result, the Opinion advises all lawyers — civil and criminal — who know that their clients will lie to the jury, to “disclose the client's intention to testify falsely to the tribunal,” unless they can withdraw from the representation or prohibit the prospective lie. It advises lawyers …

Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison

UIC Law Review

No abstract provided.

Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii

Fordham Urban Law Journal

The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …

Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel

Center for the Study of Ethics in Society Papers

Papers Published by the Center for the Study of Ethics in Society, Western Michigan University.

How An Errorless Judgment Can Become Erroneous., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera

St. Mary's Law Journal

Abstract Forthcoming.

Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera

St. Mary's Law Journal

No abstract provided.

A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale

St. Mary's Law Journal

The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg

University of Richmond Law Review

This year, 1989, may become known as the Ethics Year as accounts of questionable behavior of public, governmental and leading business figures, many of whom are lawyers, proliferate in the media. Questionable ethical behavior leads to the erosion of public confidence in the legal profession and demonstrates the need for increased scrutiny of the conduct of lawyers in both their professional and private capacities.

Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger

Faculty Scholarship

This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …

Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger

Faculty Scholarship

In “Wanted: An Ethos of Personal Responsibility,” Professor Kleinberger sought to prompt debate about the moral preconceptions of the legal profession. Professor Morawetz responded in his essay, “Layers and Conscience.” This article responds, commenting on Morawetz’s arguments that (1) excessive pessimism about lawyer morality is unfounded and counterproductive; (2) the public’s antipathy toward lawyers is inevitable given the role lawyers play in our society; (3) codes of ethics can and do have an uplifting influence on the morals of lawyers; and (4) law schools can and do train moral judgment.